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2022 Supreme(Online)(Kar) 59415
IN THE HIGH COURT OF KARNATAKA
DHARWAD BENCH
DATED THIS THE 18th DAY OF JULY 2022
BEFORE
THE HON9BLE MR.JUSTICE K. NATARAJAN
CRIMINAL PETITION NO.101938/2022
c/w CRIMINAL PETITION No.101939/2022
IN CRL.P.101938/2022
BETWEEN:
SRI. NANDU S/O YALLAPPA PATIL
AGE.56 YEARS,
OCC.EX SERVICE MAN,
R/O.GOUNDAWAD, AMBEDKAR GALLI,
PRESENTLY AT SARASWATI NAGAR,
GANESHAPUR VILLAGE-590001
TQ AND DIST.BELAGAVI
.. PETITIONER
(BY SRI. RAJENDRA R. PATIL AND
SRI SRINAND A. PACHHAPURE, ADVOCATES)
AND:
THE STATE OF KARNATAKA
THROUGH KAKATI POLICE STATION,
NOW REP BY STATE PUBLIC PROSECUTOR,
HIGH COURT OF KARNATAKA DHARWAD
BENCH AT DHARWAD-580011
.. RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP.)
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THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., SEEKING
TO GRANT BAIL TO THE PETITIONER/ACCUSED NO.21 IN CRIME
NO.167/2022 ON THE FILE OF COURT OF JMFC-IV, BELAGAVI,
REGISTERED FOR THE OFFENCES PUNISHABLE U/S 143, 147, 148, 307,
436, 427 AND 504 R/W 149 OF IPC BY THE KAKATI POLICE STATION.
CRL.P. NO.101939 OF 2022
BETWEEN
1 . SHRI KUMMANNA S/O MALLAPPA CHOUGULE
AGE.44 YEARS, OCC.AGRICULTURE,
R/O.H.NO.211, HOLI GALLI, GOUNDWAD
TQ AND DIST.BELAGAVI-590010
2 . BHAIRU S/O RAMACHANDRA SAMBREKAR
AGE.54 YEARS, OCC.AGRICULTURE,
R/O.H.NO.189, HOLI GALLI,
GOUNDWAD
TQ AND DIST.BELAGAVI-590010
3 . MARUTI S/O GURUNATH NILAJKAR
AGE.57 YEARS, OCC.AGRICULTURE,
R/O.H.NO.215, HOLI GALLI,
GOUNDWAD
TQ AND DIST.BELAGAVI-590010
4 . PARASHURAM S/O UMANI ALIAS UMANNA PATIL
AGE.57 YEARS, OCC.AGRICULTURE,
R/O.H.NO.215, HOLI GALLI,
GOUNDWAD
TQ AND DIST.BELAGAVI-590010
5 . SUDHAKAR S/O MAHADEV KAKTIKAR
AGE.48 YEARS, OCC.AGRICULTURE,
R/o GOUNDWAD VILLAGE
TQ AND DIST.BELAGAVI-590010
6 . UMESH
S/O PARASHURAM ALIAS MARUTI MUTAGEKAR
AGE.43 YEARS, OCC.AGRICULTURE,
r/o GOUNDWAD VILLAGE
TQ AND DIST.BELAGAVI-590010
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7 . NINGOJI ALIAS NINGANI S/O GUNDU PINGAT
AGE.50 YEARS, OCC.AGRICULTURE,
R/O.H.NO.198, HOLI GALLI,
GOUNDWAD
TQ AND DIST.BELAGAVI-590010
8 . ANAND S/O GUNDU PINGAT
AGE.44 YEARS, OCC.AGRICULTURE,
R/O.H.NO.198, HOLI GALLI,
GOUNDWAD
TQ AND DIST.BELAGAVI-590010
9 . MOHAN S/O BHAIRU NATH
AGE.36 YEARS, OCC.PRIVATE SERVICE,
R/O.H.NO.205, HOLI GALLI, GOUNDWAD
TQ AND DIST.BELAGAVI-590010
10 . BAVU S/O BASAVAN PATIL
AGE.26 YEARS, OCC.STUDENT,
R/O.HOLI GALLI, GOUNDWAD
TQ AND DIST.BELAGAVI-590010
11 . SHUBHAM S/O MARUTI KAKTIKAR
AGE.25 YEARS, OCC.STUDENT,
R/O.H.NO.189, HOLI GALLI,
GOUNDWAD
TQ AND DIST.BELAGAVI-590010
12 . SURAJ S/O SAMANATH CHOUGULE
AGE.26 YEARS, OCC.STUDENT,
R/O.HOLI GALLI, GOUNDWAD
TQ AND DIST.BELAGAVI-590010
13 . RATAN S/O SHASHIKANT KAKTIKAR
AGE.21 YEARS, OCC.STUDENT,
R/O.HOLI GALLI, GOUNDWAD
TQ AND DIST.BELAGAVI-590010
14 . VENKATESH S/O BHAIRU BOGULKAR
AGE.27 YEARS, OCC.PRIVATE SERVICE,
R/O H.NO.203, HOLI GALLI,
GOUNDWAD
TQ AND DIST.BELAGAVI-590010
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15 . BHARAT S/O KRISHNA PATIL
AGE.31 YEARS, OCC.AGRICULTURE,
R/O. H.NO.70/A, HOLI GALLI,
GOUNDWAD
TQ AND DIST.BELAGAVI-590010
16 . GANAPAT S/O DEVAPPA PINGAT
AGE.40 YEARS, OCC.PRIVATE JOB,
R/O.H.NO.22, SHIVAJI GALLI,
GOUNDWAD
TQ AND DIST.BELAGAVI-590010
17 . SHASHIKANT S/O MALLARI KAKTIKAR
AGE.52 YEARS, OCC.AGRICULTURE,
R/O.HOLI GALLI, GOUNDWAD
TQ AND DIST.BELAGAVI-590010
18 . VILAS S/O BALU PINGAT
AGE.50 YEARS, OCC.AGRICULTURE,
R/O.H.NO.213, HOLI GALLI,
GOUNDWAD
TQ AND DIST.BELAGAVI-590010
19 . PUNDALIK S/O BHAVKANNA PINGAT
AGE.20 YEARS, OCC.STUDENT,
R/O.H.NO.197, HOLI GALLI,
GOUNDWAD
TQ AND DIST.BELAGAVI-590010
20 . GANGARAM S/O YALLAPPA PATIL
AGE.62 YEARS, OCC.AGRICULTURE,
R/O.H.NO.61, SHIVAJI GALLI,
GOUNDWAD
TQ AND DIST.BELAGAVI-590010
...PETITIONERS
(By Smt. NAGARATHNA S PATTAR, ADV.)
AND:
THE STATE OF KARNATAKA
THROUGH THE PSI KAKATI POLICE
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REP BY STATE PUBLIC PROSECUTOR
HIGH COURT BENCH DHARWAD
.. RESPONDENT
(BY SMT. GIRIJA S. HIREMATH, HCGP )
THIS CRIMINAL PETITION IS FILED U/S 439 OF CR.P.C., SEEKING
TO THAT BY ALLOWING THIS PETITION THE PETITIONERS/ACCUSED
NOs.1 TO 20 MAY BE RELEASED ON BAIL, IN KAKTI POLICE P.S. CRIME
NO.167/2022 FOR THE OFFENCES PUNISHABLE U/S 143, 147, 148, 307,
436, 427, 504 R/W 149 OF IPC, PENDING ON THE FILE OF IV JMFC
COURT, BELAGAVI.
THESE PETITIONS COMING ON FOR ORDERS THROUGH PHYSICAL
HEARING/VIDEO CONFERENCING HEARING THIS DAY, THE COURT MADE
THE FOLLOWING:
Criminal Petition No.101938/2022 is filed by accused No.21
and Criminal Petition No.101939/2022 is filed by accused Nos.1 to
20 under Section 439 of the Code of Criminal Procedure, 1973
(hereinafter referred to as 8Cr.P.C.9 for brevity) for granting bail in
Crime No.167/2021 registered by the Kakati Police Station,
Belagavi Rural Sub Division, for the offence punishable under
Sections 143, 147, 148, 307, 436, 427 and 504 read with Section
149 of the Indian Penal Code, 1860 (hereinafter referred to as 8IPC9
for brevity).
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2.
Heard the arguments of the learned counsel appearing
for the petitioners in both the petitions and the learned High Court
Government Pleader for the respondent/State.
3.
The case of the prosecution is that, on the complaint of
one Sri. Parasuram Rajaram Pawar filed a complaint before the
police on 19.06.2022 alleging that he is residing at Goundawaad
Village and worked as a driver. That on 18.06.2022 at 9.35 pm, a
person namely Satish Rajendra Patil said to be murdered by a
group of persons on the back ground of a temple property dispute.
A case in Crime No.166/2022 has been registered against one
Anand Rama Kutre and 24 other accused for committing murder of
Satish Rajendra Patil under Sections 302, 307 and other offences.
After coming to know about the murder of Satish Rajendra Patil,
these petitioners said to be the followers of Satish Rajendra Patil,
started violence in the village by committing rioting, damaging and
burning the public vehicles and tried to attack the house of
accused-Balu Nilajkar. However, the said person ran away by
escaping from the mob. The mob said to have lit fire to his house
and also to the neighbouring house. In the said incident, the vehicle
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of the complainant was also damaged. Hence, a complaint was
registered by the police against 19 named persons and others.
Subsequently, 21 accused persons were arrested by the police on
various dates and they have been remanded to judicial custody.
Their bail petition came to be rejected by the learned Sessions
Judge. Hence, they are before this Court.
4.
Learned counsel for the petitioner/accused No.21 has
contended that the petitioner is innocent of the alleged offence. His
name is not found in the FIR and the complaint. He is resident of
Ganeshapur village. He has worked as Subhedar in the Military for
30 years. He is retired from service. He is peace loving citizen.
Absolutely he has nothing to do with the group of accused persons
who have committed the offence. He is ready to abide any
conditions. Hence, prayed for granting bail.
5.
Leaned counsel appearing for the petitioners/accused
Nos.1 to 20 contended that the petitioners are innocent of the
alleged offence. They have been falsely implicated. Absolutely,
there is no material to show that the petitioners have committed
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any such offence. They are in custody and ready to abide any
conditions. Hence, prayed for granting bail.
6.
Per contra, learned High Court Government Pleader
seriously objected the petitions and contended that the petitioners
are involved in the violence. They have started the violence in
respect of murder of Satish Rajendra Patil by mob. There are two
rival groups. Case and counter case are registered long back in
Crime No.80 and 81/2021 and again now, a case and counter case
is registered against both the groups. Still tension is prevailing in
and around the said area. The police have made bandobast and
keeping watch of the said area round the clock in three shifts. If
the petitioners are granted bail, there is likelihood of committing
similar offence and tampering the prosecution witnesses is not ruled
out. All the accused persons are arrested based upon the statement
of the witnesses. There is prima facie material on record to show
the involvement of the accused in the crime. She further submits
that investigation is still under progress. Hence, prayed for
dismissal of the petitions.
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7.
Having heard the learned counsel for t
